(A) Multi-term contracts.
(1) Specified period. To the extent permitted by law, a contract for supplies or services may be entered into for a period of time not to exceed a total of five years, provided:
(a) The terms of the contract and the conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting;
(b) Such contracts shall contain a clause stating that when funds are not appropriated to support continuation of performance in any subsequent fiscal period, the contract shall be cancelled and shall not be subject to non-substitution provisions; and
(c) Pricing increases for succeeding fiscal periods, if any, shall not exceed 10% of the preceding year’s contract price.
(B) Resolving protests.
(1) Right to protest. Any actual or prospective bidder, proposer or contractor, who is aggrieved in connection with the solicitation or award of a contract may protest to the Director. The protest, setting forth the grievance and the grounds therefor, shall be submitted in writing within ten days after such aggrieved person knows or should have known of the facts giving rise thereto, but in no circumstance after 15 days of notification of award of contract.
(2) Authority to resolve protests. The Director shall have the authority to settle and resolve a protest of an aggrieved bidder, proposer or contractor, actual or prospective, concerning the solicitation or award of a contract. If the protest if not resolved by mutual agreement within five calendar days of the notice of protest, the parties shall submit the dispute to non-binding mediation, which shall be concluded within ten calendar days of the notice of protest.
(3) Decision. Should the parties fail to resolve the protest in mediation, the Director shall promptly issue a decision in writing, stating the reasons for the action taken. A decision of the Director shall be final and conclusive, and a copy of the decision shall be mailed or otherwise furnished immediately to the protestor and any other party intervening.
(C) Debarment. The offer of cash, merchandise or any other thing of value to a city official or employee by any vendor or contractor, or prospective vendor or contractor, shall be reason for declaring such individual or firm to be an irresponsible bidder and for debarring such individual or firm from participation in the city’s procurement process for a period of two years.
(Ord. 2008-10, passed 4-14-08)